PCT NATIONAL PHASE ENTRY
United Kingdom

When it comes to safeguarding your intellectual property on a global scale, filing a patent in the United Kingdom isn't just a good idea – it's an absolute powerhouse move. The UK stands tall with its unparalleled legal framework and an intellectual property system so robust that it practically guarantees rock-solid and enforceable patent rights.The main law governing patents in the United Kingdom is the Patents Act 1977, the primary legislation governing the patent system in the United Kingdom. This law applies to both United Kingdom patents granted by the United Kingdom Intellectual Property Office (UKIPO) and European patents (UK) granted by the European Patent Office (EPO). The United Kingdom became a member of the Patent Cooperation Treaty on 24 January 1978.

The major requirements and procedure to file a patent application in United Kingdom are mentioned below:

The designated period for submitting a patent application in United Kingdom under the framework of the Patent Cooperation Treaty (PCT) is 31 months from the earliest date of priority.

In United Kingdom, the official language for filing patent application is English. If the international application is in a different official language, providing a translation into English is mandatory. This ensures accuracy and regulatory compliance, which make a seamless and trouble-free progression through the patenting procedures.

The time limit for submitting a patent application for late national phase entry can be extended by 2 months if the delay in submitting a PCT application was unintentional. The translation should be submitted within two months from the date of the request, and there is no specific form required for providing the translation.

Necessary documents for submitting a national phase application include:

• Power of Attroney: An applicant, regardless of their nationality or residency in the United Kingdom, is not obligated to be represented by an agent. However, they must have an address for service within the United Kingdom, the Isle of Man, the Channel Islands, or Gibraltar for the processing of their application.

• Assigment Deed: If the applicant is not the inventor, it is required to submit the statement of inventorship within 33 months from the priority date. However, if the applicant opts for an early entry into the national phase, the statement of inventorship must be provided within 16 months from the priority date.

• Verified English Translation

A reduced search fee is applicable when an international search report has been conducted. There is a reduction of  Great British Pound 30 in the search fee or examination fee if the request for search or substantive examination is submitted in electronic form through an accepted method of electronic communication by the Office. In cases where the application does not progress to substantive examination and no search has been conducted in the Intellectual Property Office, a full fee refund is provided.

A patent will only be granted following an examination for patentability, and this examination must be initiated by the applicant. The applicant must submit the request for substantive examination using Patents Form 10, along with the payment of the applicable fee. This request and fee must be submitted within 33 months from the date of priority. Additionally, applicants have the option to request an accelerated examination under the PCT-PPH (Patent Cooperation Treaty - Patent Prosecution Highway) framework.

The UK Intellectual Property Office (UKIPO) is part of the Global Patent Prosecution Highway (GPPH), a program involving 27 offices globally. This allows Patent Prosecution Highway (PPH) to be used for applications filed at two or more of these offices. Additionally, the UKIPO has separate agreements with the State Intellectual Property Office of the People's Republic of China (SIPO) and the Brazilian National Institute of Industrial Property (INPI-BR).

This faster process makes the review and approval of patents more efficient. Various agreements among patent offices promote collaboration. These agreements enable patent applicants to request faster processing during the national phase. This allows patent examiners to utilize work done by other offices involved in the collaboration. The work products may include:

• The feedback in writing from the International Searching Authority,
• The written opinion from the national Preliminary Examining Authority, or
• The international preliminary examination report under the PCT, if specific conditions are fulfilled.

The Intellectual Property Office (United Kingdom) has entered into PCT-PPH agreements with:

Brazil (BR): National Institute of Industrial Property 

China (CN): China National Intellectual Property Administration (CNIPA)

Once a patent is granted, an annual fee is due starting from the fifth year after the international filing date. This fee must be paid each year within three months ending on the last day of the month of the filing date.

Patents in the United Kingdom last for twenty years from the date they are filed internationally. An Supplementary protection certificates (SPC) offers protection for up to five years, but if a medicinal product undergoes a Paediatric Investigation Plan (PIP) which is a plan to make sure we gather the needed information through studies in children, aiming to get approval for a medicine designed for kid, an extra six-month extension is possible.

SPCs are available in all EU member states and certain non-EU European countries, including the UK, Iceland, Liechtenstein, Norway, Switzerland, Albania, Bosnia & Herzegovina, Macedonia, and Serbia.

In the Global Innovation Index (GII) of 2022, the United Kingdom boldly claims its throne, securing an outstanding 4th position among 132 featured economies worldwide. Among the elite high-income group economies, the country not only stands at the forefront but does so with supreme excellence, locking in the 4th spot out of 48 countries. Within the dynamic landscape of European economies, it also commands an exceptional 3rd position, showcasing its unparalleled prowess among 39 surveyed nations.

Currently holding the esteemed 8th position worldwide for total patent applications, underlining its unequivocal commitment to fostering innovation. Equally noteworthy is its 8th position for aboad applications, attesting to its proactive engagement in the international intellectual property landscape. Moreover, the nation commands the 8th position globally for PCT National Phase Entries. Beyond the realm of innovation, this nation commands an impressive 5th place in the world economic ranking.